Software General Conditions

These General Conditions regulate the use of and access to the website glopser.com, owned by Glopser GmbH (hereinafter referred to as Glopser) through which it is made available to registered users of the Glopser platform (hereinafter referred to as the Platform).

Access to the Platform implies knowledge and acceptance of the following General Conditions.

Definitions

Reverse Auction Request: Refers to a standard process whose purpose is to initiate a reverse auction.
A reverse auction is a type of auction in which the traditional roles of buyer and seller are reversed. Therefore, there is one buyer and many potential sellers. Sellers compete to get the buyer to select their product and/or service, and prices decrease as the sellers’ bids increase.

The Platform

Glopser is a marketplace that acts as a meeting place for professionals, companies and public entities (hereinafter, the CUSTOMER) that offers, through its platform, a means of negotiation.
The CUSTOMERS of the Platform can create different User accounts by registered email. Platform CUSTOMERS must choose between the role of seller or buyer.
The Platform is formed by a community of professionals that allows the publication of negotiation processes and in particular reverse auctions among other processes.

Access and Registration

In order to become a User of the Platform, it is essential that the following requirements are met:

ir profile and the rest of the Platform’s content for illicit purposes or effects that are harmful to the rights and interests of third parties, or that in any way may damage, disable, affect or deteriorate the Platform, its content and services. Likewise, it is forbidden to prevent other users from using or enjoying the Platform.

Glopser cannot be held responsible for the editorial content and expressly declares that it does not identify with any of the opinions that may be expressed by the users of the Platform, for which the issuer is entirely responsible.

Those who fail to comply with such obligations will be liable for any damages or harm they cause. Glopser shall not be liable for any consequence or damage that may arise from such access or unlawful use by third parties.

In general, the Customer and Users undertake, by way of illustration and not limitation, to:

Do not use the Platform for illegal or unauthorized purposes;
Not to host, store, divulge, publish, distribute or share any content that may constitute an illegitimate intrusion or violation in any form of the fundamental rights to honor, image and personal and family privacy of third parties and, especially, of minors;
Not to publish in those spaces of the Platform specially enabled, whether they are part of one’s own profile or of another user, any comment or information that is illegal, racist, xenophobic, obscene, pornographic, abusive, defamatory, deceptive, fraudulent or in any way contrary to morality or public order;
Not to alter or modify, in whole or in part, the Platform by circumventing, deactivating or manipulating any other of its functions or services;
Not to infringe the industrial and intellectual property rights or the regulations governing the protection of personal data;
Do not use the Platform to insult, defame, intimidate, violate your own image or harass other Users;
Not to access the e-mail accounts of other Users;
Not to introduce computer viruses, defective files, or any other computer program that may cause damage or alterations to the contents or systems of Glopser or third parties;
Not to send mass and/or repetitive emails, nor to send e-mail addresses of third parties without their consent;
Not to carry out advertising actions of goods or services without the previous consent of Glopser.
Make good use of the Platform:
Do not press the ‘back’ / ‘forward’ buttons of the browser, using the internal mechanisms of the Platform provided
Do not access simultaneously with the same User in different terminals or browsers
Do not edit the same object in parallel with different users
Do not load files with unsupported extensions
Do not disclose content, conditions, technical procedures or documentation submitted by Glopser.
Not to reproduce, communicate or commercialize in any way the information contained in the Platform or accessed through it, without the express authorization of Glopser.
Maintain the confidentiality of the User name, password, digital private key certificates or other personal secret codes and ensure that they are not communicated, copied or disclosed by any means.
Consider the consultation of information on the Platform as a preferential method. The redundant sending of the automated email platform may be subject to several factors that may influence its reception at the indicated delivery address (full mailbox, blocking of anti-virus programs, anti-spam blocking, spam, etc.). Glopser is not responsible for such sending and reception.
Recognize that the Glopser ranking system does not qualify, does not distinguish and does not benefit companies. Glopser defines information and qualification criteria, through ratios and weightings for the companies that the Platform “scores”, a fact that may differentiate them. The very dynamics of the Platform is the result of a model made through notations resulting from the interaction of the User on the Platform.
Guaranteeing the correct closure of the work session when disconnecting from the Platform
Any user may report another user when he considers that he is not complying with these Conditions. Likewise, all users may inform Glopser of any abuse or violation of these conditions by sending an e-mail to info@glopser.com. Glopser will verify this report, as soon as possible, and will take the measures it considers appropriate, reserving the right to withdraw and/or suspend any user from the Platform for non-compliance with these Terms and Conditions of Use. Likewise, Glopser reserves the right to withdraw and/or suspend any message with illegal or offensive content, without prior notice or subsequent notification.

It is the responsibility of the Buyer User to choose the Seller Users he wishes to invite to the restricted procedures/queries of the Platform in order to ensure that the invitation is addressed to the appropriate CUSTOMERS participating in the Platform.

In the case of a public buyer CUSTOMER, the responsibility for compliance and control of the award will be the contracting body or persons responsible as defined in the public procurement regulations of the countries of destination.

The Client is responsible for having the necessary services and equipment for Internet browsing and for accessing the Platform. In the event of any incident or difficulty in accessing the Platform, the User may inform Glopser by e-mail at info@glopser.com, which will proceed to analyse the incident and give the User indications on how to resolve it as soon as possible.

Specific responsibility to the buying customer (when the customer acts as a seller or service provider)

Compliance with all technical, quality, commercial, financial and other conditions stipulated contractually or imposed by the applicable law in the country of destination on any supplier or service provider under the same conditions.
Compliance with all the legal rules applicable in the country of destination, whether contractual or stipulated in the accepted codes of conduct applicable to the contracts to which it has adhered and committed itself through the Platform and, in particular, compliance with the duty to provide up-to-date information and the planned date for completing the service.
To guarantee and assume the veracity and authenticity of all purchases or orders made by its representatives or assistants through the Platform.
To accept the technological mechanisms provided by Glopser as a means of demonstrating the authorship and integrity of the information in the transaction.
Specific responsibility to the selling customer (when the customer acts as a buyer):

For the compliance of the contract or the legal impositions applicable in the country of destination with any buyer or beneficiary of services under the same conditions.
To guarantee and assume the veracity and authenticity of all awards or orders made by its representatives or assistants through the Platform.
To accept the technological mechanisms provided by Glopser as a means of demonstrating the authorship and integrity of the information in the transaction.
Glopser’s responsibility

Glopser acts as a meeting place between users, who interact in the different processes offered by the Platform.

Glopser is only a digital meeting place between the mentioned users and not an auction agency. Glopser does not carry out any quality control or security on the products and/or services that may be offered by the users, does not advise or help its Customers in the performance of its services and does not ensure or guarantee the correct performance of its services or the quality of its products.

Once the users have completed the processes, they automatically sign a binding contract. Glopser does not form part of this contractual relationship between users. Consequently, the Customer and its Users acknowledge that Glopser has no responsibility, whether direct, indirect, and/or subsidiary, for damages of any nature whatsoever caused to any user as a result of the outcome of any of the processes in which they participate, as well as in relation to the subsequent one.

The Client is a completely independent subject to Glopser and acts under his own name and interest.

Glopser is not responsible for the authenticity, accuracy, reliability, legality or non-infringement of third party rights by users. In this sense, the Users state that they understand that Glopser is an independent company that makes the Platform available to Clients and their Users, and that it does not assume any responsibility for any damage or loss that may be suffered due to a breach of these General Conditions. Therefore, Glopser will never be responsible for the availability of the Customers’ activities, nor for the adequate and satisfactory fulfilment of the products and/or services by them.

Glopser does not control nor is it responsible for the contents poured by the Users through the Platform, being the only one responsible for the legal adequacy of such contents.

Glopser shall not be liable in the event of service interruptions, connection errors, lack of availability or deficiencies in the Internet access service, nor for Internet network interruptions or any other reason beyond its control.

Glopser shall not be liable for security errors beyond the company’s control or for any damage that may be caused to the Customer’s and Users’ computer system (hardware and software), files or documents stored therein, as a result of
Possible interruptions, unsolicited communications, bugs, errors, technical failures or other limitations coming from the User’s system or from its negligence
Security defects arising from the User’s negligence
The presence of a virus in the User’s computer system or mobile terminal that is used to connect to the services and contents of the Platform;
A malfunction of the browser;
The use of non-updated versions of the same
Electronic Agenda

The Customer, whether seller or buyer, may, by means of the means enabled on the Platform or by request, upload his contact book. The Platform will identify in a differentiated way those contacts of the User that are registered and those that are not. The User may invite, through the Platform, those contacts he or she wishes. Glopser is not responsible for the inconvenience that may be caused by the massive and/or repeated use of this invitation system, being the sole responsibility of the User

Participation and process creation

The participation in the various processes of the Platform by the Customers, will be free and unlimited. However, the creation of new processes on the Platform will be limited to those Customers who have previously contracted a valid user license with Glopser (Premium plans). Such license will be granted under Glopser’s exclusive criteria, subject to the agreement with the Customer. The license can be requested by emailing info@glopser.com.

Within the Platform, Clients can initiate the following Process:

An auction request is a standard process for issuing a reverse auction. A reverse auction is a type of auction in which the traditional roles of buyer and seller are reversed. Therefore, there is one buyer and many potential sellers.

For the creation of each process in the Platform, the User must detail the following information:

Give a name for the auction.
Indicate the date and time of the auction as well as the duration of the auction.
Indicate the quantity to be purchased in the auction.
Enter the start price.
Indicate the currency in which the process is being opened.
Indicate the maximum time for Users to register in the process and to submit questions or deliver samples.
Make a description of the auction.
It is highly recommended to upload a photo of the product or service you are looking for as well as additional files with information detailing the characteristics and aspects of the product or service

Process structuring and bid evaluation

The user issuing the process must structure it by indicating the units and the name of the product, a short description of the product and the maximum output price he is willing to pay.

Glopser awards at the end of the process according to the most economical offer.

There are no draws, the lowest bid that enters the system wins. The system is able to recognize the entry of auctions by milliseconds.

Linking and executing processes between Users

Once the process has been completed, the User who created it and the User with the last and best offer made, automatically assume the commitment to execute the purchase and sale in a particular way between both parties. The Platform sends an email to the buyer informing who was the winning seller in the process. At the same time, an email is sent to the winning seller with the buyer’s details. Sellers who have not won are also informed that another supplier has been awarded this bid.

Glopser is not responsible, directly or indirectly, for any aspect derived from the incorrect execution of the purchase-sale between the parties. All users participating in a process on the Platform guarantee that all the information about their identity and legitimacy provided to Glopser in the registration forms on the Platform is true, accurate and complete. In the event that the User provides any false, inaccurate or incomplete data or if Glopser considers that there are reasonable grounds for doubting the truthfulness, accuracy and completeness of the same, Glopser will immediately suspend the execution of a process.

Withdrawal of a process

The User who created a process (except for the Request for Quotations process) understands and accepts that, given the nature of the Platform’s operation, from the moment another Platform user makes an offer, the User will no longer have the right to withdraw and will be obliged to continue the process until his completion.

Content responsibility

Glopser has no obligation to control and does not control the use that Users make of the Platform and therefore does not guarantee that Customers will use the Platform in accordance with the provisions of these General Conditions of Use, nor that they will make diligent and/or prudent use of the Platform.

Glopser excludes any liability for damages of any kind that may be due to the unlawful use of the Platform by Customers or that may be due to the lack of veracity, validity, completeness and/or authenticity of the information that Customers provide about themselves and their users, in particular, but not exclusively, for damages of any kind that may be due to the impersonation of a third party by a user in any kind of communication made through the Platform. Without prejudice to the above, Glopser reserves the right to limit, totally or partially, access to the Platform to certain Users, as well as to cancel, suspend, block or eliminate certain types of content, by means of the use of technological instruments suitable for this purpose, if it has effective knowledge that the activity or information stored is illegal or that it harms the property or rights of a third party. In this respect, Glopser may establish the necessary filters in order to prevent illegal or harmful content from being poured into the network through the service.

The Customers declare, under their own responsibility and thus guarantee to Glopser, that the contents supplied are not limited by any intellectual and industrial property rights or image rights, that they hold the legitimate ownership or rights over the intellectual and industrial property rights or image rights corresponding to the contents made available through the Platform. Therefore, the Users indemnify Glopser for any responsibility derived from the violation of intellectual and industrial property rights affecting the contents supplied by the Users, assuming all the costs of any claim in the field of intellectual and/or industrial property that may arise from such contents and compensating Glopser for any damage that may result from such claims.

Content responsibility

The contents related to the Glopser brand, domains, logos, drawings or documentation, including software, computer programs, or any element that may be subject to protection by the Intellectual or Industrial Property legislation, which may be accessible to users, are the property of Glopser and all rights of use over them are expressly reserved.

The User may use such material only as expressly authorized by Glopser or those who have granted us a license for its use.

Any improper use of the service or its obligations by the user may result, at the discretion of Glopser, in the cancellation of the user’s account, or suspension of the service until the incident is resolved, if any.

Likewise, the user agrees not to withdraw, delete, alter, manipulate or in any way modify:

Those notes, legends, indications or symbols that, either Glopser or the legitimate owners of the rights, incorporate to their properties in terms of Intellectual or Industrial Property (such as copyright, ©, ® and ™, etc.).
The technical protection or identification devices that the material object of Intellectual or Industrial Property may contain (such as, for example, water marks, fingerprints, etc.).
The user acknowledges that, by virtue of these General Conditions of Use, Glopser does not assign or transfer to the user any intellectual and/or industrial property rights, or any rights of third parties. Glopser only authorizes the user to access and use them in accordance with the terms indicated in these terms and conditions.

Users are not authorized to copy, distribute (including e-mail and Internet), transmit, communicate, modify, alter, transform, assign or in any other way deploy activities involving the commercial use of the Intellectual and/or Industrial Property rights, either partially or totally, without the express written consent of the legitimate holder of the exploitation rights.

Access to and use of the Platform will always and in all cases be for strictly personal purposes and not commercials.

Glopser reserves all Intellectual and/or Industrial Property rights, including any authorization and/or license.

Glopser does not grant any other license or authorization of use to the User on the Property rights Intellectual and/or Industrial other than that expressly detailed in this clause.

Glopser reserves the right to terminate or modify at any time and for any reason, the licenses granted under these terms and conditions. Notwithstanding the foregoing, Glopser may take legal action against any use by the user who:

Not in accordance with the General Conditions of Use specified here;
Infringes or violates the Intellectual or Industrial Property, image or other similar rights of the Company or any other legitimate third party; or infringes any applicable regulation.
The Client may make available on the Platform all those logos, brands and/or commercial names necessary to carry out the promotion of its products and/or services (hereinafter, the “Material”). Likewise, the Customer agrees to grant Glopser a licence to use the Material owned by it, so that Glopser can reproduce it for the promotion of its products and/or services. The Customer shall be solely responsible for any claims by third parties regarding the use of the Material by Glopser.

The User who proceeds to share any type of content through the Platform, grants Glopser a non-exclusive, free and worldwide license limited to the reproduction and public communication of such content through the provision of services of the Platform while the User is part of it.

Liability and Compensation

Customer agrees to indemnify Glopser as well as Glopser’s directors, officers, agents, subsidiaries, associates and employees against any loss or cost, including reasonable attorneys’ fees, incurred as a result of or in connection with any breach by Customer and/or any of its Users of these Terms of Use or any applicable regulations.

Glopser reserves the right to take any legal action it deems appropriate arising from damages caused by the Customer and/or any of its Users in the breach of these conditions.

Under no circumstances shall Glopser be liable for indirect damage, loss of profit or loss of opportunity of the Customer and/or any of its Users of the Platform.

User cancellation

The Customer may cancel the Platform by sending an e-mail to info@glopser.com.

Independence of the Clauses

If any of the clauses of these General Conditions should be null and void or voidable, it shall be will be considered not to be put on. Such declaration of invalidity shall not invalidate the rest of the Contract, which shall remain in force and effectiveness between the Parties.

Claims

In case of a claim for any reason or query related to Glopser, you can contact us through the email address info@glopser. Glopser will do its best to answer your request as soon as possible.

Modification of the General Terms and Conditions

Glopser reserves the right to amend these Terms and Conditions at any time. In the event of any change to the Conditions, these will be published on the Platform and the date of publication will be indicated, so that the User knows the date on which such modification has become effective. In any case, you will receive a notification through electronic means on the update of the Terms of Use of Glopser prior to its publication on the Platform.

Once you receive the relevant notification about the modification of the Terms and Conditions, you may terminate your contract prior to the date on which the new Terms and Conditions become effective or you may choose to continue your access and use of the Platform.